Private school teachers entitled to Child Care Leave at par with government ones, rules Delhi High Court
The Delhi High Court held that recognised private school teachers are entitled to Child Care Leave benefits available to government school teachers under DSE Rules.
The teacher had applied for Child Care Leave which was denied by the respondent school. (Ai-generated Image) The Delhi High Court has allowed a teacher’s appeal against the denial of Child Care Leave for her Class 12-going son, who was stated to be facing academic pressure, and held that private school teachers are entitled to benefits as government school teachers under the Delhi School Education Rules.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia overturned the single judge’s decision and allowed the teacher’s challenge to the school’s denial of CCL.
“…Rule 111 grants the benefit of leave of absence to an employee of a recognised private school, whether aided or unaided, at par with such employees working in a corresponding status in a government school, in our opinion, the benefit of CCL will be available to those employees working in unaided recognised and privately managed schools in Delhi as well, as is available to the employees of the government schools,” the June 5 order noted.
Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia ruled that recognised private school teachers in Delhi are entitled to Child Care Leave (CCL) at par with government school teachers.
CCL denied to private school teacher
- A teacher employed at a recognised private unaided school in Delhi sought Child Care Leave (CCL) from May 1, 2025, to September 30, 2025.
- She had requested leave to care for her son, who was studying in Class 12 and facing academic pressure.
- After the school did not accept her request, she approached the High Court, where a single judge, relying on precedents, dismissed her plea.
- The court had said that the teachers of recognised private schools were not entitled to the same benefits as government employees.
Single judge dismissed her claim
The appellant had argued that, having regard to the provisions of Section 10 of the Delhi School Education (DSE) Act, read with Rule 111 of the Rules, the recognised private school teachers were entitled to the same leave benefits as teachers in government schools.
She contended that since the aforementioned rules allowed CCL to government employees, the recognised private school teachers were entitled to the same benefits.
The single judge has dismissed her case, relying on a couple of judgments, opposing her claim that CCL was a mandatory benefit for employees of private unaided schools.
Same leave benefits as government schools
The Delhi High Court noted that the terms and conditions of employees in recognised private schools are governed by the provisions contained in Chapter IV of the Delhi School Education Act (DSE Act), 1973.
The significant question before the court was whether the appellant, who is a teacher working with the respondent school, which is a recognised but unaided and privately managed school, is entitled to the benefit of Child Care Leave.
The court observed that the term “Employee” has been defined in Section 2(h) of the DSE Act to mean a teacher and includes every other employee working in a recognised school.
The court emphasised Section 10 of the DSE Act, which requires recognised private schools to provide their employees with pay allowances, medical facilities, pension, provident fund, gratuity, and other benefits similar to those provided to employees holding similar positions in government-run schools.
The court also referred to Rule 111 of the DSE Rules, which states that employees of recognised private schools, whether aided or not, are entitled to the same leave benefits as employees holding similar posts in government schools.
Under Rule 43(C) of the Central Civil Services (Leave) Rules, 1972, a female government employee may be granted up to 730 days of CCL during her service for taking care of two eldest surviving children, which included their education, health and other needs, the court said.
Referring to the aforementioned Rules, the court held that since the benefit of CCL is available to the government school teachers in Delhi, equivalent teachers of recognised private schools are also entitled to the same benefits and cannot be denied.
Observing that maternity leaves and CCL cannot be encashed, the court held that Rule 111 of DSE does not distinguish between different kinds of leaves, and grants the same benefits to government and recognised private school teachers; the appellant was entitled to CCL.
The court directed the respondent school to consider the appellant’s case with expedition, and allowed her appeal.
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